Is Your Loved One’s Will Valid?
In Arkansas, if your family member’s will is subject to probate, and if you have not inherited what you expected to inherit, you may formally challenge your loved one’s will in an Arkansas probate court with the advice and assistance that a Little Rock probate attorney provides.
After your family member’s death, unless that person took measures to avoid the probate process, an Arkansas probate court will evaluate your loved one’s estate, ensure the estate’s debts and taxes are paid, and distribute any remaining assets according to the instructions in the will.
If you believe you were wrongly excluded from a loved one’s will, that you inherited less than you should have inherited, or that the will was not valid for another reason, schedule a consultation promptly to discuss your options and rights with a Little Rock probate lawyer.
Who May Challenge a Will During Probate in Arkansas?
Probate is the legal process that resolves and closes a person’s estate. Probate in Arkansas is often expensive, confusing, and lengthy. Unless someone takes steps to avoid probate, under Arkansas law, probate is mandatory when the value of a decedent’s estate exceeds $100,000.
A family member or heir may contest a will during probate by claiming an impropriety or inequity took place. That family member or heir must contact a Little Rock probate attorney and take legal action before a probate court settles and closes the estate. The reasons a will may be contested include:
- The decedent lacked the mental capacity to write or assent to the will.
- The decedent was a victim of fraud or undue influence.
- No one properly witnessed the will’s signing.
- Provisions in the will are ambiguous or unclear.
- The decedent left two or more wills.
What Are the Deadlines for Probate and Challenging a Will?
Probate and will contests in Arkansas follow specific timelines that depend on the size of the estate and the nature of the legal challenge. Missing these deadlines can limit your options, whether you’re a creditor, beneficiary, or family member seeking to contest a will. Here’s what you need to know:
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Probate Filing Deadline: The estate’s executor has five years from the date of the decedent’s death to file for probate in Arkansas.
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Notice Requirements: Before probate begins, the executor must notify family members and beneficiaries, and or known creditors who may have a claim against the estate
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Creditor Claim Deadlines: For estates valued under $300,000, creditors have 60 days to file a claim. Additionally, for estates over $300,000, creditors have 90 days to file. Finally, claims submitted after these deadlines are not accepted.
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Deadlines for Contesting a Will: In some cases, you may have until the final distribution of the estate to file a challenge. In other situations, legal action must be taken before the probate process begins, depending on the facts of the case.
If you’re thinking about contesting a will or need guidance on Arkansas probate deadlines, it’s best to consult a Little Rock probate lawyer as early as possible to protect your rights.
How Are Probate Challenges Settled?
The courts are not the only option for resolving a contest to a will in Arkansas probate. Arbitration is another option. It requires the parties to submit testimony and evidence to one or more arbiters, who then decide on a resolution.
Mediation involves a third party – a mediator – who is trained to help both sides compromise and resolve their differences. Unlike a judge, jury, or arbiter, a mediator does not resolve probate disputes but instead facilitates a resolution that the parties reach on their own.
Not every probate dispute is ideal or appropriate for the arbitration or mediation process, but these options should be considered and discussed before you and your Arkansas probate attorney take the matter to court.
If the Probate Court Rules in Your Favor
When you contest a family member’s will in probate court with the assistance of an Arkansas probate attorney, if the court finds in your favor, it has the following options:
- A probate court may rule that some provisions of the current will are valid and others are not.
- If the decedent previously had a will, the court may reinstate that previous will.
- If there was no previous will, the court may distribute the decedent’s estate according to Arkansas’ intestate succession laws (that is, as if the decedent had left no will).
After the executor of the estate has paid the estate’s debts and taxes, any challenges to the will have been resolved, and the remaining assets have been transferred to the rightful beneficiaries, the executor may then ask the probate court to close the estate.
How Can Your Loved Ones Avoid Probate?
Your family members and other heirs can avoid the probate process entirely – and receive their inheritances quickly, without interference from a probate court – if you set up a living trust and transfer most of your assets into that living trust.
The probate process in Arkansas is costly and time-consuming. Your estate pays court expenses, lawyers’ fees, executor’s and appraiser’s fees, and other costs, considerably reducing what your beneficiaries inherit. Transferring assets into a living trust exempts those assets from probate.
A living trust transfers your assets directly to your loved ones upon your death. It lets you decide how your assets are handled during your lifetime and after your death. To set up a living trust in the Little Rock area, ask attorney Tony Smith at The Smith Firm to assist you.
Let The Smith Firm Go to Work on Your Behalf
If you need to contest a loved one’s will during probate in or near the Little Rock area, take the matter to The Smith Firm. Probate attorney Tony Smith will provide sound, personalized legal advice, prepare the necessary paperwork, and advocate aggressively and effectively on your behalf.
With over eighteen years of legal experience, Little Rock attorney Tony Smith represents his clients in probate disputes in Little Rock and throughout Arkansas. The Smith Firm can also help you draft a will, set up a living trust, or establish a comprehensive estate plan.
If you need to challenge a will, prepare a living trust, or guidance on your estate planning process, contact The Smith Firm now by calling (501)-271-3385. Attorney Tony Smith will offer honest and easy-to-understand legal advice, and if necessary, he will fight in court for the justice you deserve and need.
Schedule an initial consultation today for help!
